ARIZONA STATE SENATE
Phoenix, Arizona
public monitoring
devices; restrictions
(NOW: public monitoring devices study committee)
Establishes a study committee to evaluate the use of public monitoring devices in Arizona.
The Arizona Constitution protects a person from the possibility of intrusion in private affairs or home invasion by another person without the authority of law. The United States Constitution’s 4th Amendment protects a person from unreasonable search and seizure. A “public monitoring device” is not currently defined in Arizona statute but it is generally regarded as an instrument, camera or microphone that is used to monitor another person. There has been recent judicial review as to whether or not newer, more technologically advanced forms of public monitoring devices are constitutionally permissive. One new form of public monitoring device that the government has already used has the ability to precisely detect activity through the use of thermal images detected by heat sensitive photo equipment.
One type of a public monitoring device that is becoming more and more prevalent in this state is photo radar. Photo radar is a device that incorporates a computer, two cameras and an independent testing unit that, when used correctly, can identify the speed, license plate and driver of a motor vehicle. Arizona statute gives law enforcement the authority to use photo radar to enforce traffic laws. However, not every city in Arizona currently uses this form of public monitoring device. This legislation is in response to requests to examine the feasibility of implementing public monitoring devices in Arizona while also reviewing any possible privacy-related concerns associated with its implementation.
There is no anticipated fiscal impact to the state general fund associated with this legislation.
1. Establishes a ten-member study committee on public monitoring devices to:
a) Examine and hold hearings to examine the use and potential guidelines of public monitoring devices.
b) Study the laws and proposed legislation of other states and countries pertaining to video surveillance.
c) Submit a report to the Governor and the Legislature on or before December 1, 2001 that includes any recommendations on statutory revisions pertaining to public monitoring devices. Requires that copies of the report be submitted to the Secretary of State and the Director of the Arizona State Library, Archives and Public Records.
2. Prescribes the membership for the study committee.
3. Allows the study committee to hold hearings throughout the state.
4. Requires legislative staff to provide assistance to the study committee as it is deemed necessary.
5. Repeals the study committee on January 1, 2002.
6. Provides for a general effective date.
RGO 2/27/01 DP 9-0-1-0
TRANS 2/19/01 DPA/SE 8-1-0-1
3rd Read 3/12/01 DPA/SE 39-14-7
Prepared by Senate Staff
March 20, 2001